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International Protection

Dáil Éireann Debate, Wednesday - 3 June 2020

Wednesday, 3 June 2020

Questions (381, 382)

Catherine Connolly

Question:

381. Deputy Catherine Connolly asked the Minister for Justice and Equality the position of persons subject to the Dublin III Regulation during the Covid-19 pandemic; and if he will make a statement on the matter. [9222/20]

View answer

Catherine Connolly

Question:

382. Deputy Catherine Connolly asked the Minister for Justice and Equality the number of persons subject to the Dublin III Regulation and whose case is stayed in view of ongoing court proceedings concerning discretion and the Dublin III Regulation; and if he will make a statement on the matter. [9223/20]

View answer

Written answers

I propose to take Questions Nos. 381 and 382 together.

I can inform the Deputy that a total of 223 judicial review cases, which include 281 persons, are in place at present concerning discretion and the Dublin III EU Regulation.

As the Deputy will be aware, the Dublin III Regulation determines which EU Member State is responsible for examining a person's application for international protection. All applicants who are identified as being possible Dublin III cases at the International Protection Office (IPO) are put into the process and Ireland is still requesting other responsible EU Member States to 'take charge' of any identified applicant. Other Member States who identify that Ireland is responsible for an applicant have, throughout the COVID-19 pandemic, also been applying the Dublin process to Ireland.

The interviewing of applicants in accordance with Article 5 of the Regulation has been suspended since March 2020. Due to the restrictions arising from measures to limit the spread of the virus, the IPO has not been in a position to issue any recommendations to date because of the impact on applicants, their legal representatives, the International Protection Appeals Tribunal and other areas of my Department. This, in turn, would go against the necessary national measures to help limit the spread of COVID-19.

I would also like to inform the Deputy that the enforcement of Dublin transfer orders is an operational matter for the Garda National Immigration Bureau. Due to the current Covid-19 pandemic, Dublin transfers are subject to operational constraints and, as such, all cases are considered on a case by case basis.

Finally, I can assure the Deputy that the Immigration Service Delivery of my Department continues to provide its services in line with national efforts to deal with the current COVID-19 situation. The matter is under constant review and pragmatic decisions will be made where required.

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